O prazo impróprio como afronta á garantia da razoável duração do processo.

Abstract

The provision of judicial protection in a timely fashion configures itself as a key right of a person, based on the democratic rule of law. As access to the courts a key right, resulting in the exercise of citizenship, it is essential to improve the technical procedure, so that the supply meets the jurisdictional bulk and complexity of the disputes that exist in society. Therefore, this research structure with the purpose of ascertaining whether the breach of procedural deadlines unfit prevent the progress of the procedural motion and outrage that the right to Constitution guarantees in its article 5, incise LXXVIII, that Every citizen enjoys the process within a reasonable time. The research has the scope to foster discussion about the consequences of default unfit front of the deadlines for compliance with the principle of procedural speed, high by Constitutional Amendment No 45/2004 a fundamental right. It also has specific objectives and recognize the major doctrinal and legal aspects relating to institutes of jurisdiction, action, process and procedure; Finalist explain the content of the principles of constitutional guarantees procedural informers, and demonstrate empirically that the breach of such deadlines is a of the main factors that cause the delay in delivery of judicial service. For both are used to methods: bibliographic, exegetic-cool, dialectical and inductive. The research structure itself into three chapters: the first refers to an approach about concepts relevant to Science Procedure; the second deals with constitutional guarantees of the process, in the third there is compliance with the deadlines inappropriate demands of justice in State of the City of Sousa - Paraiba and deepens the discussion is about the failure of those periods in view of ensuring the speedy procedures. With the research finds that the breach of deadlines unfit affect the progress of the process causing delays in delivery of court service and directly addressing the security of reasonable duration of the dispute. Thus, it appears that the full realization of constitutional guarantees only becomes possible through the realization of justice, held with the rapid development of the process, which will result in a fair and effective decision in order to see to demand justice resolved effectively and in a timely fashion.